The Constitutional Court of Ukraine completed consideration of the case on the constitutionality of the Law of Ukraine “On the Deposit Guarantee System for Individuals” at the public part of the plenary session
On September 15, 2020, the Grand Chamber of the Constitutional Court of Ukraine at the plenary session in the form of oral proceedings continued consideration of the case upon the constitutional petition of the Supreme Court of Ukraine on compliance with the Constitution of Ukraine (constitutionality) of the Law of Ukraine “On the Deposit Guarantee System for Individuals” of February 23, 2012 № 4452 – VI as amended (hereinafter - the Law).
The petitioners point out that the disputed Law does not meet the requirements of Articles 6, 8.1, 13.4, 21, 22, 41.1, 41.4 and 41.5 of the Constitution of Ukraine. The Supreme Court of Ukraine substantiates its position by the fact that the Verkhovna Rada of Ukraine, having adopted the Law, changed the approach to the system of guaranteeing deposits of individuals.
During the plenary session, it was stressed that when considering the case in an in-camera part of the plenary session, the Grand Chamber of the Constitutional Court of Ukraine had considered it necessary to clarify additional circumstances that are essential for its resolution. Given the social significance of the subject matter and in order to ensure the completeness of the case, the Resolution of July 9, 2020 resumed consideration of this case at the public part of the plenary session in the form of oral proceedings with participation of representatives of the subject of the right to constitutional petition, the Supreme Court, the Verkhovna Rada of Ukraine, the President of Ukraine and with the involvement of the Managing Director of the Deposit Guarantee Fund for Individuals, representatives of the Ministry of Finance of Ukraine, the National Bank of Ukraine, the Association of Ukrainian Banks, the Independent Association of Banks of Ukraine.
As noted by Judge-Rapporteur in the case Oleh Pervomayskyi, the subject of the right to constitutional petition, referring to a number of provisions of the Constitution of Ukraine, argues that the disputed Law (its separate provisions), in particular, violates the separation of state power, namely, entitles the Deposit Guarantee Fund for Individuals with uncharacteristic powers, violates the right of ownership guaranteed by the Constitution of Ukraine and the principle of legal certainty.
The Judge-Rapporteur also informed that inquiries had been sent to public authorities and NGOs to clarify their positions on issues raised in the constitutional petition, in particular, to the Supreme Court, the President of Ukraine, the National Bank of Ukraine, the Ministry of Finance of Ukraine, the Deposit Guarantee Fund for Individuals, the Association of Ukrainian Banks of Ukraine and the Independent Association of Banks of Ukraine.
The Court heard explanations of the participants in the constitutional proceedings on the subject of constitutional review, namely: Vasyl Humeniuk, representative of the subject of the right to constitutional petition, Rasim Babanly, Head of the Analytical and Legal Department of the Supreme Court, Olha Sovhyria, Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine and Fedir Venislavskyi, the Representative of the President of Ukraine to the Constitutional Court of Ukraine.
The participants of the constitutional proceedings, namely Chairman of the National Bank of Ukraine Kyrylo Shevchenko, Director of the Legal Department of the National Bank of Ukraine Vladyslav Bednenko, Managing Director of the Deposit Guarantee Fund for Individuals Svitlana Rekrut, Deputy Managing Director of the Deposit Guarantee Fund for Individuals Viktor Novikov, Deputy Minister of Finance of Ukraine for European Integration Yurii Drahanchuk, Director of the Legal Department of the Ministry of Finance of Ukraine Olena Skrypkina, President of the Association of Ukrainian Banks Andrii Dubas, lawyer Yurii Bilokon, representative of the Independent Association of Banks of Ukraine Denys Hryshchenko - also presented their position.
After examining the additional circumstances in the public part of the plenary session, the Constitutional Court of Ukraine proceeded to the in-camera part for a decision.
The Chairman of the Constitutional Court of Ukraine Oleksandr Tupytskyi chaired the plenary session.
The plenary session of the Grand Chamber of the Constitutional Court of Ukraine was attended by Eamonn Prendergast, Political Affairs Officer of the EU Delegation to Ukraine, Timothy Johnson, Employee of the Economic Department of the U.S. Embassy in Ukraine, Oksana Davydovych, Economic Analyst of the U.S. Embassy in Ukraine, Wim Fonteyne, Seniour Economist at the European Department of the IMF Mission in Ukraine, as well as representatives of domestic mass media and citizens of Ukraine.
The public part of the plenary session was broadcast on the official website of the Constitutional Court of Ukraine.
